Posted by Henry Butz on July 27, 2005 at 10:12:57:
http://www.firstamendmentcenter.org/news.aspx?id=15589
Barbara Nitke is a New York fine-art photographer who specializes in sadomasochistic imagery. In 2001, she filed a lawsuit against the Communications Decency Act's restrictions dealing with obscenity and community standards. Yesterday, a special three-judge panel declined to overturn a 1996 federal law prohibiting anyone from sending obscenity across the Internet, according to an online report. Barbara says,
A lot of people have a false sense of security because they think our Justice Department just wants to shut down the most explicit porn sites. But the truth is that we're all at risk. The real target is free sexual expression. The radical religious right is putting a lot of pressure on the government to crack down on all forms of sexual education and expression.When I decided to create my website in early 2001, I asked John Wirenius and other lawyers what would be legally permissible. I was told that my photographs of loving SM and behind-the-scenes shots of the porn industry could get me into trouble with federal law under the CDA.
This law makes it a felony to put obscene material on the Internet, and obscenity is defined according to local community standards. http://www.barbaranitke.com/aboutlawsuit.html
Barbara Nitke is a brilliant, established photographer who makes me look like more of a "hack." If she's worried, then I'm double worried. Silly me; I thought CDA was declared unconstitutional. Apparently, only parts of CDA were shot down. The bits that weren't involve being charged with a felony in New York 'cause someone in Utah thought your photography was obscene.
So, what's obscene? (sigh) back to my lawyer for more advice. What? Me worry?
Henry